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(영문) 서울북부지방법원 2016.05.25 2015고단4502

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around 00:30 on August 5, 2015 to around 01:00 on the same day, the Defendant argued D with D on the ground that D had the victim E (V, 30 years of age) expressed the victim’s face at around 01:0 on the ground that the victim E (V, 30 years of age) expressed the victim’s face at around 8 weeks of treatment to the victim, using the victim’s face as dancing in the front door of the vehicle, and that the victim took the victim’s face at around 01:0 on the same day, and that the victim took the victim’s face as a dice of the victim’s body used in dancing in the front door of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes on the medical certificate of injury and photographs submitted by the victim;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Injury (1, 4 types) serious in the increased area (6 months to 2 years) (referring to a special aggravated person) in accordance with the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] general in accordance with the sentencing guidelines.

3. The fact that the degree of injury caused by the instant crime is very serious, that the Defendant did not agree with the victim, that there was a record of being sentenced to a fine due to the same crime around around 2011 and around 2014, and that the Defendant could have the record of criminal punishment even in addition, is disadvantageous.

On the other hand, the fact that the defendant paid part of the medical expenses of the victim, delivered 3 million won to the victim through F, deposited 2 million won for the victim, and made efforts to respond to the recovery of the damage.

In the above circumstances, the sentence shall be determined as ordered in consideration of the conditions of sentencing, such as the defendant's age, sex, environment, etc.